Personal Injury Law Articles
Articles written by lawyers and expert witnesses worldwide
explaining the different aspects of Personal Injury.
October 25, 2016 By The Law Office of William W. Hurst
Earlier this year The Indiana Supreme Court Was Asked Whether Medicare, Medicaid, and HIP payments could be introduced as evidence of the reasonable cost of medical treatment. Their answer is a surprise to most injury lawyers in the state and does damage to personal injury cases where payments for treatment were provided by a state-funded insurance program.
October 24, 2016 By d'Oliveira & Associates
A safety defect in the steering for Mazda vehicles has led to a recall from 2006 to 2012.
October 24, 2016 By The Law Offices of R. Sebastian Gibson
The 2017 new California law restricting cell phone use in cars was designed to further reduce the number of auto accidents and injuries caused by the use of cell phones. Starting January 1, 2017, it will be a violation of the California vehicle code not simply if a driver texts someone while driving but in many other instances. While the intent of the law is admirable, the new law unfortunately may do little to reduce the number of cell phone accidents and injuries.
Every year, hundreds of thousands of the most vulnerable part of the population are negatively impacted by elder abuse. Elder abuse victims may be vulnerable – both mentally and physically. They may also be frail or even helpless against their abuser.
As more individuals age, life expectancy increases, medical technologies are advanced and the Baby Boomer generation takes its rightful spot as the older generation, instances of elder abuse increase. In order to determine how to deal with elder abuse, you must be able to understand it and detect it.
Cases of child abuse range from one side of the world to the other. These issues have been in existence for hundreds of years, and only recently have these problems been addressed through laws and litigation.
October 21, 2016 By Eichen, Crutchlow, Zaslow & McElroy, LLP
When the very tools designed to keep patients healthy are the ones that put them at risk, who is responsible?
Thousands of Talcum Powder Lawsuits Filed Against Johnson & Johnson by Ovarian, Uterine Cancer Victims
October 20, 2016 By Heygood Orr & Pearson
Johnson & Johnson faces thousands of lawsuits filed on behalf of women who were diagnosed with ovarian cancer or uterine cancer after using the company's talcum baby powder products. Earlier this year, two juries in St. Louis, Missouri awarded damages of $72 million and $55 million in a pair of lawsuits filed on behalf of women who were diagnosed with ovarian cancer after using Johnson's Baby Powder, Shower to Shower, or other talcum powder products sold by Johnson & Johnson.
October 20, 2016 By Law Offices Of David I. Fuchs P.A.
In Florida, personal injury lawsuits require that the plaintiff show that the defendant(s) directly caused or substantially contributed to the injuries at-issue. Read on to learn more about causation.
October 19, 2016 By Palermo Tuohy Bruno, PLLC
Car accident cases involving personal injury can be stressful, tedious, and confusing. They are not to be handled alone. A highly-experienced personal injury lawyer will be able to guide you in the right direction and ensure that you don’t make any mistakes that can hurt your case. But little mistakes can put huge dents in your car accident case. Some result from traps set up by defense attorneys and insurance companies. Here’s a list of 13 mistakes that could hurt your car accident case.
October 19, 2016 By Peterson Law Offices
The number of deaths and injuries that occur in the United States from traffic accidents are astounding, and more than half of them involve a cell phone!
July 30, 2010 By HG.org
Talking to an insurance adjuster after an automotive accident can often lead to disastrous consequences. By taking on this important feat, it is likely that the victim injured in a personal injury case will make a mistake that will adversely affect his or her case.
February 10, 2011 By HG.org
Every year, approximately 800,000 people are bit by dogs to such a degree that they require medical attention. Children and postal workers are the most susceptible to such bites. Due to the prevalence of such attacks, there are many personal injury cases that are based on dog bites. This also means that there is more opportunity for victims of dog bites to make a mistake that adversely affects their legal rights.
February 14, 2013 By HG.org
Fatal motor vehicle accidents occur every day on American roadways. This is most apparent when examining fatal accident statistics.
July 31, 2012 By HG.org
Motor vehicle accidents can lead to a number of serious injuries. One such injury can be shoulder injuries. These types of injuries can have serious implications.
December 14, 2008 By HG.org
The old adage is that the best time to talk to a lawyer is when you don’t actually need one. Some of the reasons why you may want to speak to a lawyer include:
October 19, 2016 By Law Offices of J. Chrisp
If you were injured on the job, you are entitled to restitution through workers compensation insurance. Typically, employees will file an accident report prior to filing their workers compensation claim. At that point, the injured worker is entitled to receive a portion of his or her wages, in addition to medical care until reaching the maximum level of recovery.
October 19, 2016 By d'Oliveira & Associates
More cases of victims of deep joint infections are claiming that it was caused by the Bair Hugger Warming Blanket system used by the hospital.
October 19, 2016 By LawMD
Consulting with an attorney is strongly recommended as soon as possible after you believe you have suffered an event of medical malpractice
October 16, 2016 By HG.org
When employees work at the same place for so long, they expect to accrue several types of pay to their own accounts. Among these are often pension, unemployment when needed and disability benefits if any type of issue ever arises.
October 17, 2016 By Crisp Video Group
Our team has worked with numerous attorneys over the years, and by far the most common goals have been generating more leads, which convert to clients, and more time, so attorneys can focus on growing their practices. By implementing these 3 types legal videos for your firm, you can do just that.
October 14, 2016 By Brookman, Rosenberg, Brown & Sandler
In Honolulu, Hawaii, individuals recently displaced from their homes due to recent flooding will have to wait two more months to return. This is due to the risk of exposure to asbestos, which broke from safe containment due to the flood.
October 13, 2016 By Groth & Associates
Do you believe that you have had a loved one pass way wrongfully? Are you wondering what qualifies as a wrongful death?
October 12, 2016 By Patberg, Carmody & Ging
ESSURE® complications may lead to litigation.
October 12, 2016 By The Law Offices of R. Sebastian Gibson
One might have thought it would be easy to settle an Uber accident claim or lawsuit in California. After all, California now requires increased amounts of insurance coverage for Uber accidents. However, there’s nothing simple in resolving an Uber car accident case and the difficulties are only going to increase substantially when Uber cars become self-driving. More than ever, victims of Uber auto accidents need experienced Uber car accident personal injury lawyers.
October 10, 2016 By Folkman Law Offices, P.C.
An estimated 200,000 pulmonary embolism (PE) deaths related to deep vein thrombosis (DVT) occur each year in the United States. For those at risk, the placement of an inferior vena cava (IVC) filter may be an effective solution to reducing DVT.
October 9, 2016 By HG.org
Identity theft is a serious crime that results in serious consequences. Identity theft cases continue to increase as new technological advancements make it easier for people to pretend to be someone else.
October 9, 2016 By HG.org
The Second Amendment to the United States Constitution provides citizens with the right to bear arms. They often exercise this right by keeping a gun or several guns in the home for protection. However, this can be a dangerous scenario, especially when children are present.
October 6, 2016 By HG.org
As more baby boomers are alive and prospering, the rate of elder abuse has continued to increase. Elder abuse may be caused by any number of factors. Sometimes the abuse is inflicted by overworked caretakers. Other times, the abuse is inflicted by the elderly individual’s own family.
October 5, 2016 By Lavent Law
Car accidents remain one of the leading causes of accidental death in America. Sadly, accidents caused by drunk drivers not only make up a significant portion of these, but are also some of the most overwhelming because of how completely unnecessary and avoidable they are.
FDA Orders Black Box Warning About Overdose Risks for Patients Taking Opioid Painkillers and Benzodiazepines
October 5, 2016 By Heygood Orr & Pearson
The Food and Drug Administration issued a warning that patients taking opioid painkillers together with a class of anti-anxiety medications known as benzodiazepines, such as Xanax or Ativan, may be at risk of suffering a combined drug overdose.
October 3, 2016 By HG.org
Shoplifting occurs when someone goes into a store and takes something that does not belong to him or her. Many businesses have to carefully monitor shoplifting because it causes so much monetary loss to a business. This is why many people have had the experience of going in a store and being followed around because they are being suspected of shoplifting.
Many accidents have various faults and reasons behind the why and how. Though there are dangers on the road or with weather, most collisions and injuries are caused by drivers. These accidents may be through distractions, driving under the influence of alcohol or drugs, crumbling roads, dangerous weather, objects in the road and many other similar obstructions and issues.
When an accident occurs, many victims and participants are completely unaware of what procedures, documentation and other issues need to be completed or taken care of. Without the aid of a lawyer, this information may elude those that require it most. In most instances, an accident with vehicles involved necessitates an insurance claim for damage to the car and repairs.
Many drivers have cellphones in the car with them when they are travelling from one place to another. It is when they look at it, use it to text or other similar acts that accidents and injury may occur. The demands these devices place upon a person’s attention often have him or her looking at the phone every few minutes even if it has not rung or signaled incoming messages.
September 30, 2016 By HG.org
As the number of people texting has steadily increased, so have the number of cases involving motor vehicle accidents caused by texting while driving. The use of cell phones while driving leads to many avoidable accidents every year.
September 25, 2016 By HG.org
Drivers have become more aggressive on roads and in traffic for several years. This phenomenon has become one of the top issues that often leads to vehicle accidents. Outbursts of violent behavior have become commonplace in traffic jams and in rush hour.
September 25, 2016 By HG.org
Medication often affects individuals differently based on body chemistry and many different factors. It sometimes requires some tweaking and testing to determine which pills work the best for the patient. To discover the right medication for the person, careful attention to the entire process is required by the healthcare professional.
September 24, 2016 By HG.org
Collisions occur at night more so than during the day for various reasons. The lack of light affects many drivers adversely, but the bright lights of other vehicles may also be a contributing factor to the extensive numbers of accidents in the dark.
September 27, 2016 By Schmidt, Kirifides & Rassias
Can an injured worker pursue a claim for pain and suffering through a civil lawsuit alleging negligence; or is the injured worker limited to just a claim for workers’ compensation benefits?
September 22, 2016 By d'Oliveira & Associates
Previously unaffected by the Takata Airbag recall, Jaguar Land Rover has announced that thousands of SUVs and Sedans will be recalled.
September 22, 2016 By Eichen, Crutchlow, Zaslow & McElroy, LLP
These days, it is almost impossible turn on the television or go online without seeing news about another product safety recall. The number of safety recalls involving unsafe toys, contaminated food products, auto defects, and dangerous drugs have surged in recent years – with no end in site.
September 19, 2016 By Denena & Points, PC
There is a new piece of federal legislation being proposed that would give financial incentives to whistleblowers who expose safety defects in autos. The legislation is in response to the recent wave of auto defects, some of which were concealed by automakers for up to ten years. It would allow any whistleblower to share in the penalty payments that an auto company may be forced to make as a result of failing to disclose a known defect.
September 14, 2016 By Powers & Associates, PLLC
A major concern for personal injury victims is the medical bills that are inevitably incurred after being injured in a car accident.
When people think of domestic violence, they often visualize the image of a distressed woman who has been mistreated by her boyfriend or husband. However, women are far from the only victims of domestic violence.
When a person is the aggressor in a battery case, he or she may be subject to criminal charges. He or she may also be subject to a civil complaint.
Criminal law and civil law are two different types of law that vary based on their purpose, potential punishments and the process in which cases are presented to the court. In some instances, a defendant may be subject to criminal charges and a civil complaint.
Although abuse may be inflicted on anyone, young or old, male or female, there is a disproportionate number of incidences involving elderly women. Abuse takes on many forms, and it is important to be able to recognize the signs of elder abuse in order to stop it.
September 12, 2016 By Eichen, Crutchlow, Zaslow & McElroy, LLP
The insidious nature of ovarian cancer makes it difficult to detect in its early stages when treatment is most effective.
September 7, 2016 By The Moynahan Law Firm
Choosing a personal injury lawyer can be a hard decision at a difficult time. These 5 questions make it easier to choose the right personal injury lawyer.
September 7, 2016 By The Moynahan Law Firm
People often wonder whether there is any difference between a workers’ compensation and a typical personal injury case. While there are numerous smaller or technical differences, there are two major differences, which cannot be minimized.
September 5, 2016 By HG.org
Along with the criminal charge of assault and battery, the person affected may have a personal injury claim. It is important to know which charges may be filed against a person based on acts he or she committed.
September 6, 2016 By Napolin Law Firm
To successfully recoup medical expenses from your personal injury insurance claim. a claimant must satisfy the adjuster that the medical treatment was necessary and that the charges were reasonable. Most injury victims have issues doing so because they do not understand the criteria by which an adjuster reviews their claim. The frustration leads to hiring a car accident attorney to prove the value of the claim. It is important to understand what is necessary to prove past medical expenses.
August 30, 2016 By d'Oliveira & Associates
E-cigarette lawsuits are on the rise as more reports of the batteries of the device are now exploding.
August 27, 2016 By HG.org
Although advocacy groups like MADD have made great strides in educating the public about the dangers of drinking and driving, the act continues to be a problem throughout the nation. When a person intentionally drinks and then decides to drive, public outrage may demand justice for the loss of human life.
August 24, 2016 By HG.org
In an effort to curb the disastrous results of drunk driving, more and more states have implemented laws to hold additional parties responsible for their collusion in contributing to drunk driving. These laws are often instituted when strict penalties for DUI have failed to successfully decrease the number of accidents and DUI cases.
August 24, 2016 By HG.org
Prom is one of the most festive times of the year for high school students. For many, it is the first time that they dress up to a formal event and the first time that they may be given full freedom by their parents. While this is certainly an exciting time, it is also a time to be concerned about alcohol abuse and potential liability issues associated with the event.
August 25, 2016 By LeViness, Tolzman & Hamilton, PA
When a woman goes into labor, she puts the life of her unborn baby in the hands of well-trained medical professionals. In most cases that person is an obstetrician, gynecologist, neonatologist, or other doctor who has had the necessary training to safety deliver babies. Some women decide to go a slightly different, more natural route, by opting to have a midwife deliver their baby.
August 21, 2016 By HG.org
When a driver is texting, they are not paying attention to the road or traffic. This may lead to severe injury through negligence. Because all senses are impaired whilst texting, these actions are potentially worse than driving under the influence of drugs or alcohol.
August 19, 2016 By HG.org
Teenage drivers may cause severe injury or death when driving under the influence. The lack of experience and knowledge about what to do tends to lead to damages by these drivers. When individuals are driving it is best to avoid drinking in any quantity, but it is especially important for teenage drivers.
August 19, 2016 By Power Legal Group, PC
It’s all fun and games until someone slips and falls. Sometimes it’s just not your fault, and there is no way you could have avoided the fall. In cases like these you may be able to take legal action against the owner or the person responsible for the accident.
August 18, 2016 By d'Oliveira & Associates
These new IVC Filter lawsuits also claim that the manufacturers failed to warn patients about serious life threatening side effects.
August 18, 2016 By Katzman, Lampert & McClune
Even though you may never be involved in an aviation crash or mishap, it pays to be informed as to your rights when traveling on a commercial carrier.
August 18, 2016 By Schmidt, Kirifides & Rassias
The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) recently fined two Pennsylvania companies for repeated safety violations that endangered employees. Penn Stucco Systems, Inc. was given citations for one serious and four repeat violations; BC Stucco and Stone is facing citations for three willful, two repeated, and two serious violations.
August 16, 2016 By Brookman, Rosenberg, Brown & Sandler
In light of the two large sum awards recently settled for talcum powder cancer lawsuits, many women who were diagnosed with ovarian cancer are now asking themselves if the powder they used could be the culprit in their diagnosis. A verdict against Johnson & Johnson awarded $55 million to a woman who was diagnosed with ovarian cancer after using the talcum powder the company produces for her feminine hygiene.
August 11, 2016 By Kuzyk Law, LLP
Slip and Fall Injuries Say you slip on the bottom step in the stairwell at the mall and fall over, landing on your knees. There was a puddle you didn’t see in the dark stairwell. It hurts, but you get over it. Three weeks later, you wake up with agonizing back pain.
August 11, 2016 By Kuzyk Law, LLP
It's been a long trial and things look good. The jury seems to be siding with the plaintiff in a personal injury case. It was proven the injuries sustained by the plaintiff were a direct result of the traffic accident. But then the defense provides a Snapchat photo of the plaintiff.
August 10, 2016 By Sigmon Law, PLLC
If one of your family members has died in an accident, you may be able to recover damages on a wrongful death claim. However, there are specific elements that must be proven in order to prevail on a wrongful death claim, and deadlines that must be met. Additionally, only certain "loved ones" will legally qualify as a proper plaintiff in a wrongful death matter.
August 9, 2016 By The Lomnitzer Law Firm
Defamation (untrue statements that damage a reputation) is becoming more widespread as a cause of litigation, as the internet makes it increasingly easy for these messages to spread. Many new lawsuits pertain to false reviews of, or malicious attacks on, businesses. Yet as one lawsuit between two Hollywood heavyweights reminds us, "old fashioned" defamation still occurs as well - and spreads just as easily.
August 8, 2016 By Cohen & Cohen, P.C.
Soon, self-driving cars will start making their way onto roadways across the world. The first wave of autonomous vehicles is expected to enter the market for consumers by 2020 (Stoll, John D., GM Executive Credits Silicon Valley for Accelerating Development of Self-Driving Cars, The Wall Street Journal, May 10, 2016). But as these vehicles become widespread and accidents inevitably occur, the traditional system for compensating those injured in accidents must change to consider who is liable.
August 5, 2016 By d'Oliveira & Associates
Using data from the FDA, website HealthGrove was listed as one of fifty of the most dangerous prescription drugs.
August 4, 2016 By Galfand Berger LLP
The way people travel has changed dramatically in recent years. Hotels, hostels and staying with family members are no longer the only options. You are now able to temporarily – or even long-term – rent apartments, rooms or full homes from people who, more often than not, are complete strangers.
August 4, 2016 By DiTomaso Law
If a slip and fall accident results in injury at a gym or health club, it may not occur to you at first that you may be eligible for compensation. However, any time you are injured and someone is at fault, you can seek damages for the medical attention, lost wages, and other financial losses that may incur, whether it is a business, sidewalk, or a private residence.
August 4, 2016 By Brookman, Rosenberg, Brown & Sandler
Because asbestos was once so commonly used as a component of building and insulation materials, it can be easy to forget that it is a naturally-occurring mineral that can be found in nature. Asbestos is a substance that occurs naturally in the Earth and can be found around the world, including in the United States.
August 4, 2016 By E.S. Borjeson & Associates
Manual labor is not the only type of work that qualifies for Workers’ Compensation benefits. In fact, many people would be surprised to find that every profession is covered by the benefits in some form. From construction work to grocery stores, and even to office jobs, most workers have some sort of coverage in the event they get hurt at work.
August 3, 2016 By Agre & Jensen
Drivers who are accused of causing fatal accidents by driving recklessly will in most circumstances be prosecuted for violating New Jersey’s vehicular homicide statute, N.J.S.A. 2C:11-5. The majority of drivers prosecuted for vehicular homicide are accused of impaired driving resulting from high blood alcohol concentrations or the ingestion of drugs. In other cases, sleep deprivation may give rise to the accusation of reckless driving.
A wrongful death case may be filed by the surviving family members of someone who died as a result of the negligence, recklessness or intentional acts of another person. In order for the family to recover, they must be able to show that all of the elements of the case are present.
When one party’s negligent or intentional actions cause the death of another person, this party may be held civilly liable for the death. This may result in the victim’s family receiving compensation for the economic and non-economic damages that they and the victim suffered.
Hit and run accidents occur when two or more vehicles collide and one party flees the scene with the vehicle or on foot. When an accident is impacted by one of the parties fleeing, the case can often become more complicated.
When individuals are injured by another driver, they often know to get the other driver’s insurance information and to make a claim against that policy. However, when they are injured in a hit and run accident, the claims process is often much more complicated.
Adolescents commonly experience with drugs and alcohol during their youth. However, this can often result in serious ramifications to their development, future prospects and potential criminal culpability. Understanding these risks can help recognize and deter this conduct.
It is very unsettling to be confronted with the thought that your child may have suffered harm at the hands of a medical professional in whom you put your trust. In addition to the heightened concerns over your child’s health, the added anxiety surrounding legal issues can seem overwhelming.
Sexual abuse occurs through cases reported in the thousands each year. Some are tied together, while some crimes stand alone. Unknown in many instances, the victims of this abuse have a legal right afforded to them to sue the abuser that caused the damage and injury. These lawsuits are civil suits with less news coverage in most situations.
Sexual crimes and offenses are rampant through the United States. The crimes often increase in number each year, and some of the victims are repeatedly subjected to this abuse. Worse is the fact most individuals subjected to these crimes know their attacker. With the help of a personal injury lawyer, compensation may become available for injury and treatment. Other assistance for pain and suffering or therapy may be possible if compensation payouts are obtained through a successful trial.
The New Jersey Tort Claims Act (“NJTCA”), N.J.S.A. 59:1-1, et seq., provides that “parties suing public entities must comply with strict requirements for notifying and suing those entities.” Feinberg v. N.J. Dep’t of Envtl. Prot., 137 N.J. 126, 134 (1994).
Tens of thousands of citizens join health clubs or gyms to stay healthy. The Centers for Disease Control and Prevention recommend that adults get at least 150 minutes of moderately intense aerobic exercise every week, and many people join a health club to improve their overall health.
Accidents at work can happen anywhere. Ashley Furniture, the nation’s largest furniture manufacturer, recently settled claims of safety violations brought by the federal Occupational Safety and Health Administration (OSHA) for $1.75 million. OSHA found numerous safety violations in the company’s manufacturing plants which it alleged caused over 1,000 worker injuries, including amputations.
An April 3, 2016 collision on the southbound tracks just outside Chester, Pennsylvania fatally injured two railroad workers. The family of one of those men recently responded by filing a negligence action against Amtrak. According to the complaint filed on behalf of the worker’s two grown children, Amtrak failed to take reasonable steps to avoid the tragedy.
Three of the largest Workers’ Compensation insurance companies in California have been accused of hacking into over 32,000 confidential Workers’ Compensation files in a federal lawsuit filed by a California worker. The lawsuit is seeking class action status after being originally filed in April of this year.
Due to the accidental deaths of several children, IKEA has recalled millions of dressers and chests for the safety of the general public.
Tragically, airplane crashes often result in catastrophic losses. Hundreds of people may die in a single incident. Those lucky enough to survive often suffer from debilitating injuries. When an airplane crash occurs, those affected may consider how to seek compensation for the losses that they have suffered. Airplane crash investigation and liability can often be complex.
Personal injury victims who successfully establish that a defendant’s negligent, reckless or intentional actions caused them to suffer injury are entitled to seek damages. However, damage cap laws may put a maximum recovery amount on the award, limiting the victims from being able to receive the full compensation to which they may be entitled.
Although premises liability claims are often based on the negligent actions of a property owner that led to a slip and fall or other injury on the property, premises liability can also apply to cases involving intentionally causing injury to the victim. This extends to third parties who are unaffiliated with the business causing harm to others on the property owner’s property.
Emotional, psychological and physical issues arise after the acts of sexual assault or rape to most victims. Many different issues may occur, but specific psychological ones may leave an impact on the life of those affected. It is important to know what these problems may be, how to cope with them and how to resolve or repair the damage.
Whiplash is a common injury in car accidents that occurs when a person’s neck jolts back-and-forth in a sudden, sharp motion, most often occurring during the impact of a car crash.
Facebook, Twitter, and other social media websites have become a central part of millions of American lives. Individuals share events, photos and thoughts with family and friends without consideration to the consequences that can occur in the future.
In February 2016, a New Jersey man filed a premises liability lawsuit against Council Rock School District in Newtown, Pennsylvania.
A Blakeslee, Pennsylvania woman slipped and fell on ice while getting her mail from the Blakeslee Post Office this past February. The woman alleges the accident was due to the negligence of the post office; she sustained injuries to her right arm, neck, lower back and right leg; and has also claimed respondeat superior/vicarious liability against the owner of the land, Kirby Upright.
The actions a person takes the moments after a slip and fall accident are vital to not only their health, but also to their ability to hold another person, group of people or entity responsible for their injuries.